Sponsor with DUI: PLEASE HELP

[Pitt26]

Hello.

So i was recently charged with a DUI and I will be sponsoring my wife soon from the U.S (currently waiting for my marriage certificate)
This experience has completely traumatized me and I'm unsure how this is going to affect my application.
I haven't been charged, convicted arrested for anything else.

I've looked at relative posts and it appears that it won't have an affect.
-Having said that, im still unclear how to answer the following question.

Question 18 for Sponsor:

Have you been charged with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years?

My charge does not have any minimum jail sentence if I'm convicted, so i feel i should answer "NO". Am I interpreting this correctly?

OR

Does the question insinuate a maximum sentence, so any sentencing below imprisonment would constitute a "YES"

Am i also correct by determining by DUI charge wont effect my sponsorship application?

Any help would be much appreciated. Thank you.

 

[Aquakitty]

This means the max term you can get is 10 years at least, so if max sentence for a DUI is at least 10 years, you'd have to mark it. I assume this is not the case based on wikipedia since you did not kill or hurt anyone: If no one is killed or hurt, and the prosecutor is proceeding by summary conviction, the maximum sentence is 18 months of jail. If no one is killed or hurt, and the prosecutor is proceeding by indictment, the maximum sentence is 5 years of jail.[14]


You are correct that it won't affect your application directly, however please don't effing drink and drive ever again. Some of us like using the roads for cycling and walking, and some of us have had family members killed due to other people's bad choices.

 

[Ponga]

I'd be inclined to agree with you, since a basic DUI (meaning no injuries, death, or property damage) certainly wouldn't have a minimum sentence of 10 years.

Here's a similar thread, where the whole `Maximum term of imprisonment of at least 10 years' is explained.


I don't believe it will prevent you from being approved to sponsor your wife.


Good luck!

 

[Pitt26]

I have definitely learned my lesson, and will never do it again. Thank you for your input

The charge was blowing over 80. There were no accidents, or injuries, I wasn't charged with impaired.

So based on the charge, if i were to get convicted, there would be no jail sentence (as a first time offender).

I will try to find the thread for "maximum 10 years"

 

[o6ocpaka]

Hello.

So i was recently charged with a DUI and I will be sponsoring my wife soon from the U.S (currently waiting for my marriage certificate)
This experience has completely traumatized me and I'm unsure how this is going to affect my application.
I haven't been charged, convicted arrested for anything else.

I've looked at relative posts and it appears that it won't have an affect.
-Having said that, im still unclear how to answer the following question.

Question 18 for Sponsor:

Have you been charged with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years?

My charge does not have any minimum jail sentence if I'm convicted, so i feel i should answer "NO". Am I interpreting this correctly?

OR

Does the question insinuate a maximum sentence, so any sentencing below imprisonment would constitute a "YES"

Am i also correct by determining by DUI charge wont effect my sponsorship application?

Any help would be much appreciated. Thank you.

I don't think it will affect your sponsorship app in anyway. As far as I know they don't do criminal record check on sponsors (at least I did not have to do it), unless they do it themselves and contact RCMP directly. I would advise you to apply for pardon as soon as you can to get rid of that stain since it will affect future employment etc... it sucks. And yeah, don't drink and drive, I am sure you heard that one already... ;D

P.S.
In Canada drunk drivers are truly demonized and shun by society, they get more punishment than murderers (Karla Homolka etc..)

 

[Pitt26]

At the moment I'm charged and not convicted. More than likely my trial would be later next year.

Aren't pardons for people who have already been convicted and then have to wait a certain period of time after the conviction?

Does anyone know what the thread is called for the`Maximum term of imprisonment of at least 10 years' ?

 

[o6ocpaka]

At the moment I'm charged and not convicted. More than likely my trial would be later next year.

Aren't pardons for people who have already been convicted and then have to wait a certain period of time after the conviction?

Does anyone know what the thread is called for the`Maximum term of imprisonment of at least 10 years' ?

That is true, if you are only charged then you don't even have criminal record yet. But most likely you will eventually, unless you find a good lawyer who specializes on this stuff and spend a lot of money, may not worth it. Blowing over 80 means pretty much that you are screwed.

 

[automaton82]

P.S.
In Canada drunk drivers are truly demonized and shun by society, they get more punishment than murderers (Karla Homolka etc..)

This is true, and while I definitely don't want anyone to drink and drive, this insane witch-hunt mentality is wrong. And why is there no outrage against the daily drivers who are on very strong meds (prescription like oxy and fent, or OTC like benadryl)? You would be surprised at the number of DUIs that are *NOT* issued due to alcohol, but for just "medication."

 

[Ponga]

At the moment I'm charged and not convicted. More than likely my trial would be later next year.

Aren't pardons for people who have already been convicted and then have to wait a certain period of time after the conviction?

Does anyone know what the thread is called for the`Maximum term of imprisonment of at least 10 years' ?

Sorry...I thought I had already posted this link:
http://www.canadavisa.com/canada-immigration-discussion-board/will-uk-caution-make-me-inadmissible-for-pr-even-though-i-live-in-canada-now-t350690.0.html;msg4654707#msg4654707

There are other threads here that talk about this, but this is the most recent one.

 

[1Wayne1]

Just curious...do you need your drivers license for work ?? It will be a question that comes up.

 

[Tinamakar]

At the moment I'm charged and not convicted. More than likely my trial would be later next year.

Aren't pardons for people who have already been convicted and then have to wait a certain period of time after the conviction?

Does anyone know what the thread is called for the`Maximum term of imprisonment of at least 10 years' ?

Hey....have u received decision made on ur application???
M also in d same situation

 

[Tinamakar]

Hello.

So i was recently charged with a DUI and I will be sponsoring my wife soon from the U.S (currently waiting for my marriage certificate)
This experience has completely traumatized me and I'm unsure how this is going to affect my application.
I haven't been charged, convicted arrested for anything else.

I've looked at relative posts and it appears that it won't have an affect.
-Having said that, im still unclear how to answer the following question.

Question 18 for Sponsor:

Have you been charged with an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years?

My charge does not have any minimum jail sentence if I'm convicted, so i feel i should answer "NO". Am I interpreting this correctly?

OR

Does the question insinuate a maximum sentence, so any sentencing below imprisonment would constitute a "YES"

Am i also correct by determining by DUI charge wont effect my sponsorship application?

Any help would be much appreciated. Thank you.

Hey is d application approved now???